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motion

Articles tagged with: motion

  • In re Interest of Jamar F.

    Filed on September 6, 2011
    Not designated for permanent publication, A-11-169
    SUMMARY: Termination of parental rights was proper where the mother failed to attend appointments and visits, had little progress in therapy, had unstable employment and did not provide adequate food for the child. The judge’s denial to recuse herself was proper where there was only [...]

  • In re Interest of Breana M.

    Filed on April 5, 2011
    18 Neb. App. 910, 795 N.W.2d 660
    SUMMARY: A Nebraska juvenile court has subject matter jurisdiction under the juvenile code over “any juvenile” lacking proper parental care by reason or fault of the parent regardless of where the child is residing at the time the petition is filed. 
    Breana, DOB 12/08, was removed [...]

  • In re Interest of Jade S. et al.

    Filed on September 29, 2009
    Not designated for permanent publication
    A-09-344
    SUMMARY: The court erred in denying a motion by the parent to withdraw a voluntary relinquishment without a hearing based on her claims of fraud and coercion, which if proven are proper bases for withdrawal.  
    DHHS submitted a court report stating that the mother, Linda, had relinquished [...]

  • In re Interest of Leslie S. et al.

    Filed on August 4, 2009
    770 N.W.2d 678, 17 Neb. App. 828
    SUMMARY: The juvenile court did not err in denying transfer of the case to tribal court because the case was in its advanced stages (i.e., termination of parental rights), the father did not file the motion to transfer until 2 years into the case, and [...]

  • In re Interest of Elias L.

    Filed on June 26, 2009
    767 N.W.2d 98, 277 Neb. 1023
    SUMMARY: Under its right to intervene in ICWA proceeding, a Tribe’s designated representative does not have to be authorized to practice law and may fully participate in proceedings. 
    The Ponce Tribe of Nebraska made a motion to intervene in child custody proceedings involving Indian children. The [...]

  • In re Interest of Khrystofer C.

    Filed on March 31, 2009
    Not designated for permanent publication
    A-08-950
    SUMMARY: Even though the father left the termination hearing, he was afforded procedural due process given he had notice, was read and understood the petition and his rights, was represented by an attorney and GAL, and had initially been present at the hearing. As the caseworker [...]

  • In re Interest of Bianca H. and Eternity H.

    Filed on November 25, 2008
    Not designated for permanent publication
    A-08-651, A-08-652
    SUMMARY: The motions to transfer to tribal court were properly denied for good cause because the child were not Indian Children under ICWA at the time of the hearing and because the tribal social service agencies did not have appropriate and necessary services available for the [...]

  • In re Interest of Lawrence H.

    Filed Tuesday, 11 December 2007
    16 Neb. App. 246, 743 N.W.2d 91
    A-07-592

    SUMMARY: When a motion to transfer to juvenile court is filed, subsequent hearings cannot be held absent a finding of good cause. 

    A 3(a) petition was filed alleging that the child was a member of an Indian tribe and that parental rights should be terminated [...]

  • In re Interest of Sarah T.

    Filed on June 27, 2006
    Not designated for permanent publication
    Nebraska Court of Appeals, A-05-1365
    SUMMARY: There was no merit in a challenged to the juvenile court’s suspension of a mother’s visitation, nor was there inadequate notice that DHHS was seeking suspension of visitation. 
    The mother failed to make a written motion for continuance and supporting affidavit as required [...]